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03-1027_LAWSON & ASSOCIATES, INC._Personal Services Agreementn2LTHIS AGREEMENT is made and entered into this (-211 — day of � 2003, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Lawson and Associates Geotechnical Cons�j!��, (hereinafter referred to as "Consultant'). 'T . . . . . . . . . . . . WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. 1111in! 12IM-hi'M tiw dv.. Section 1. Scope of or. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit "I attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than November 1, 200& Total compensation for the scope of services for this Project shall not exceed Nine Thousand Four Hundred and Fifty ®cellars LI1450_1, as set forth in Exhibit "A," attached and incorporated herein by reference. Consultantinvoices: *een satisfactorily completed and specifying a percentage of projected completion for approval by e City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. servicesFor extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. Consultant shall keep complete and accurate records of all costs and expenses incidental to coveredThese at reasonable times to City. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to Cayes employees. M additionalIn the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any Section S. Time of Essence. Time is of the essence in the performance of fts Agreement. Section 9. Consultant shall comply with all applicable laws-, ordinances, codes and regulations of federal, state and local government. Section 1. Conflicts of Interest. I Consultant covenants that it presently has no interest and shall not acquire any interest, dire or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. At the completion of the contract period, Consultant shall have delivered to City at least one (1) copy of architectural Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format, All services to be rendered hereunder shall be subject to the direc�ion and approvalof the City. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employees from any and all claims, liabilities, expenses or damages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Insurance rewired herein shall be valid for a minimum of one year, or term of contract, whichever is longer, and it shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A - Class V11 or better. El $500,000 injury to one person/any one occurrence/not limited to contractual period-, $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in the follovWng minimum amounts: $500,000 injury to one person/any one occurrence/not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period 14.3 Wors Compensation, If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workees Compensation Employer's Liability Insurance in the statutory amount as required by state law. Prior to beginning any work under this Agreement., Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement to the Consultant's general liability and umbrella liability policies to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied, 5 ConsultantThroughout the term of this Agreement, a Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City Clerk's office for certification that the insurance requirements of this Agreement have been satisfied. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, i' anotice except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a Consultant shall not receive any compensation until all insurance provisions have been satisfied. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. In addition, this Agreement may be terminated for cause by providing ten ('410) days' notice to the other party of a material breach of contract. if the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the tern (10) day cure period. Section, 16. atic � All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City-. City of San Juan Capistrano 32400 Paseo Adeianto San Juan Capistrano, CA 92675 Attn: Public Works Director 6 To Consultant: Lawson And Assooistes i g, 1020 Calle Cordillera Suite 101 San Clemente, Ca 92673 Attention- Tim Lawson This Agreement t constit tes the entire understanding arid agreement between the parties and supersedes ali previous negotiations between them pertaining to the subject matter thereof. ATTEST: gar t R. Monahan, City Clerk 9 CITY OF SAN JUAN CAPIST Nth B: Pamela Gibson, Interim City Manager By: Tim Lawson, President Geotechnical Consulting, Inc. September 23, 2003 Mr. Joe Mankawich City o, San Jean Capistrano 32400 Paseo Adelanto San ,Tuan Capistrano, CA 92675 Project No. 031007-01 Subject: Cost .estimate to Provide Provisional Geotechnical Evaluation and Recommendations for Future Geotechnical Investigations for the Replacement of Cook -s Reservoir, City of ,fan Juan Capistrano, California INTRODUCTION In accordance with your request, Lawson & Associates Geotechnical Consulting, hic. (LGC) is pleased to provide you with this proposal to perform a geotechnical investigation and provide an outline of required future geotechnical work at the site prior to construction of a replacement reservoir for the existing Coop's Reservoir, City of San Juan Capistrano (City), California. Our work will be separated into two distinct phases of work as outlined below. Geotechnical Review The intent of our review is to determine if there are any major geotechnical constraints to the replacement of Cook's Reservoir; specifically, we will investigate such items as the existence of major landslides or other geotechnical feature at the site that would significantly influence the feasibility of replacing the reservoir. Our services will include: Perform a background review of readily available geotechnical reports for the site, aerial photographs, and regional geotechnical publications. (We will require your assistance in obtaining available geotechnical reports for the adjacent areas from City files). Perforin a reconnaissance level field geotechnical mapping. Drill and sample on boring adjacent to the existing tank to determine the approximate geotechnical conditions. Due to the mapped terrace material at the site, we anticipate using a rotary wash drill rig to collect samples. The total depth of the boring will be approximately 50 feet below ground surface, unless refusal is met. Refusal could be met due to contact with, the basal conglomerate layer of the ancient river terrace. Should refusal be met within the first 8 hours of drilling, we may elect to drill in an alternate location, however, irrespective of conditions drilling time will be capped at one day. Assign laboratory test results on representative soil samples (direct shear tests of representative earth samples, two corrosion suite: sulfate, pH, Chloride, resistivity). Meet with you to discuss the findings of our investigation and review. At this juncture, you will have the option for us to continue with a geotechnical report, or other alternatives as you deem necessary. 1020 Cagle Cordillera - Sui- A Pre aarrtian OLSmmmgU Report Following our investigation, assuming that the site has no significant geotechnical features to negate replacing the existing tank, we will prepare a geotechnical report summarizing the geotechnical conditions. Within the report, we will provide minimum recommendations for future geotechnical work to be carried out by the geotechnical consultant employed in regard to design the replacement tank. The report will include the following. • Description of global geotechnical conditions (regional and parameters, earth materials). Anticipated suitability of earth materials for excavation. • Anticipated temporary stability conditions. • Anticipated corrosion characteristics of earth materials. Recommended minimum additional geotechnical investigation will not contain any design parameters for design). IIC�CY#llr"�i local geologic conditions, seismic site prior to design, (please note our report We have assumed that since our boring will be located on your property no drilling or access permits will be required. We have also assumed that a AutoCAD file of the site will be made to us to present the geotechnical conditions COST ESTIMATED T1� MMS COSTS lnvesti ation and Testin $6,000.00 Meetings $ 450.00 Re ort $3,000.00 ESTIMATED TOTAL: $945000 We propose to perform all of the above-mentioned services on a lump sutra basis in accordance with our existing service contract with the City of San Juan Capistrano. We estimate that it will take approximately three weeps to prepare our report after the completion of our field investigation. Project No. 031007-01 Page 2 September 23, 2003 The opportunity of submitting this proposal is sincerely appreciated. If this proposal meets your requirements, please provide us with the necessary authorization and we will proceed as soon as possible. Sincerely, LA 1 SON & ASSOCIATES GEOTECHNICAL CONSULTING INC. Timothy Lawson President TJL/ki f Distribution: (2) Addressee Pr oject ,Io. 031007-01 `age 3 September- 23, 2003 CITE' CLERKS DEPARTMENT - ACTION REMINDER TO: Joe Mankawich, Associate Engineer FROM: Mitzi Ortiz, Deputy City Clerk DATE: December 10, 2003 SITUATION: On October 27, 2003, the City of San Juan Capistrano entered into a Personal Services Agreementwith Lawson and Associates, Inc. to provide provisional geotechnical evaluation and recommendations for future geotechnical investigations for the replacement of the Cook's Reservoir. ACTION REQUESTED: Said Agreement states services shall be completed by November 1, 2001 On November 3, 2003, agreement extended to December 31, 2003. Please notify our office if agreement has been completed or will be extended. ACTION TO BE TAKEN: d �� DATE WHEN NEXT ACTION (S) SHOULD BE TAKEN: SIGNATURE OF OFFICIAL TAKING ACTION: DATE SIGNED: - $ ***FOR CITY CLERK'S DEPARTMENT USE ONLY*** Tickler ©ate: 11/01/01 12110/03 Deadline Date: 11/01/01 12/31/03 cc. Department Head (600.30/lawson 2) OWL (REV.3-0 LAWSON & ASSOCIATES GEOTECHNICAL 1020 CAVE CORD I LLER STE .101 SAN CLEMENTE CA 92673; BC ENVIRONMENTAL TNS.BROKERS INC 1037 SUNCAST LANE, SUITE 103 EL DORADO MILLS, CA 95762 _ L91 _ 93 l0a0 INNU'KD LAW ON ASS A S GEOTCRNICAL CONSULTING, INC. 1020 CALLS CORDILLERA, SUITE 101 SAN CLEMENTE, CA 92 673 ONLY AND 0 HOLDER. THIS ALTER THt Cl CATE(M 104301200 DF INFO &;UKIIFIGAW DOES NOT AMEND �EX END OR )VERAGE AFFORDF,D NY THE �[.tCl s SELOW INSURERS AFFORDING COVERAGE ktsuRERA: UNDERWRITERS AT LLOYDSt LONDON !l�sURERB GREENWICH INSURANCE COMPANY lNSIJRFR c' --- INBLtflER— RAGES IiuBl�ER E: POItClE THE REOUIR E INSTERM E LISTED BELTION O HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING — CONTRACT ClEQUil EINlGNT. TEk{IA (}¢� CONDITION OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT 1"O WHICH THIS CERTIPICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES OLSCRIIIED HEREIN IS 5UBJECT TO ALL THE TERMS. EXCLUMNS AND CONDITIONS OF SUCH POLICIES AGGREGATE LNL41TIS =MOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. TYPIti ON INtltt1E PffLICY NIA4f�ER - V � LU4mury UMtITi — JAIX MMERCIIk 6ENITRAL L MbILttY tACH OCC tk 1 0 0 0 000 CLAI(1!S I�� � 105/18/04 FInE tee�0 500ONT, POLL_ U IpAt JT992277 mko'Iye 5 000 05/18/01 PEtRXIONALAADVINJUAY t1 00€ 000 R'OF/CI,MSEQGRp gAle LIMtI APPLIES PER: GENEW A aGOWOATE a 2 0 0 0 0 0 0 �Y Pan. c.Oc I rRooucrs-COwII+IO�AQa I12 t70Q 000 CT SLE LUI uTY ANY AUTO All aWNLCI AUTOR KiCOULE0 AUTOR A IX "mAuTm NC V aWWU AUTM ANY AItTU KmIffis LU1tUUTY OCCUR � � CLANS IMDF Immmu RaN _4w COUPINSATM ANO IIMR.OYM UAWUTY BI PROPERTY/ INLAND ITBD 10/29/01110/29/02 t 6 i E.L,DII&AAL-EACAAF'L01rEF 6 [.L. 0WAn . POUCY L"fT s IN GL THE CERTIFICATE HOLDER SHALL HE NAMED AS ,ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY, RE: CAPISTRANO TERRACE MOBILE H014E PARK 01001701, ,SAN .DUAN CAPISTRANO, CA, CERTIFICATE AW"IlIONAL IMURM. WSUM LETT gL- CANCELLATION CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 9267_5 0M&4 ci AWT Vr Ine ARMU 13 1®ED P OU00 W CANCCUM Ile TFO EMPAVM DAYS THI!1110F nM Ifd. UM0 WSUMA V1 U MaXAVOR TO MAU- , 3 0 GAY® VMTYUR WnCE M nW CPIST1FtCATE *KXMFt NAMW TO IM LWIT. OUT FAILURE TO 00 SO IHWn . IMP= NO 090.tGAT70N OR UABtUTY OF ANY KW UPON TINT RCUtEK ITS ApEA M OR ACORD 28-3 (7191) Bt ACORD C® P?ORATION 1968 C OWNeD SINGLE t MW BODILY O Lpnrrnnl RY 6 DWIL JURY 3 T99227"l Q5/18/O1 ,(35118/04 PROPFFAYDAVAM PerPer nodmm0 AUTOONi.Y-PAACCIDENT 0 - OT}16R THM EA AOC E I ALITU ONLY. AUG 6 £ACIt OCCURR£NCV 6 ii F AGGACOA-M — BI PROPERTY/ INLAND ITBD 10/29/01110/29/02 t 6 i E.L,DII&AAL-EACAAF'L01rEF 6 [.L. 0WAn . POUCY L"fT s IN GL THE CERTIFICATE HOLDER SHALL HE NAMED AS ,ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY, RE: CAPISTRANO TERRACE MOBILE H014E PARK 01001701, ,SAN .DUAN CAPISTRANO, CA, CERTIFICATE AW"IlIONAL IMURM. WSUM LETT gL- CANCELLATION CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 9267_5 0M&4 ci AWT Vr Ine ARMU 13 1®ED P OU00 W CANCCUM Ile TFO EMPAVM DAYS THI!1110F nM Ifd. UM0 WSUMA V1 U MaXAVOR TO MAU- , 3 0 GAY® VMTYUR WnCE M nW CPIST1FtCATE *KXMFt NAMW TO IM LWIT. OUT FAILURE TO 00 SO IHWn . IMP= NO 090.tGAT70N OR UABtUTY OF ANY KW UPON TINT RCUtEK ITS ApEA M OR ACORD 28-3 (7191) Bt ACORD C® P?ORATION 1968 riuu-:t 3- ZUU 1(TUE ) 12.01 BC °"-!flNMFNTRL FORM;NG A PART OT '�rrndant Tir'e's P06 Y NUMBGR l4a7 DAY YR 1? 0 8If 1005 rNtIUKED CON Tlmathy,t. Lawwn Geataa&NC-11 Conmuliing In canSideration of on addl enol premium o($ 62g=1 END011904ENT NO, _ i - ADMINISTRATOR mntRa ENVIVAONMENTAL, INC. CODE NF.0iVWN AUTOMATIC ADDITIONAL INSURED • OWNERS, LESSEES OR GONTRAVORS This enclora9ernenl niod fta inStrance provided under the following: COMMERCIAL. GENERAL LIIABIU-TY COVERAGE PART CONTRACTORS POLLUTIOR LIABILITY CUVERAGe PART SCHEDULE Name of Peraon or Organizatlon: Arty WOon(s) or or'WonkaltioNr&) whom the Names} insured a"agreela>;, in s wrtttatn con"et, to ria rr a ;w an raddltlonal Insured. However, th[a status eaxistm and y for the project specif®d in that contracL City of San .Tuan c;apisczano 32400 Pasco A,clelanto San .Tuan Capistxsrta, CA 92675 RE. Capistzafto Tmace Mobile Howls Park 010 I J01, SaLi Juan CrtpAittano, CA - Tura perSon or argarnuVon shaven In thle Schedule is Included as an Insured, but only with respect to that p6f'w'a or organization's vic*riaus liability arising Out of hour pngaing aparations pa'furmed for tttr3t insurod. ALL OTHER TERMS AND a;t7t DNI ICINS Uf I HIS POLICY REMAIN UNCHANGED. __.._ AI1'rHnR;fMD RFPRESENTATIVF LLYPKG 08 01 gD 6QW001 OATF rtee October 27, 2003 Lawson and Associates, Inc. 1020 Calle Cordillera, Ste 101 San Clemente, CA 92673 Attention: Tim Lawson Dear Mr. Lawson: A fully executed, original Personal Services Agreement related to providing provisional geotechnical evaluation and recommendations for future geotechnical investigations for the replacement of the Cook's Reservoir is enclosed. We have on file evidence of insurance as required by the agreement and appreciate your efforts in keeping this current. Please be aware that should this documentation become out-of-date, all work under this agreement must stop and all payments for services rendered will be withheld, until we have received current documentation. You may proceed with work under this agreement in coordination with the Project Manager, Joe Mankawich, Associate Engineer (949) 487-4313. Yours truly, 4z MegKek an, CMC City enclosed: Agreement CC' Joe Mankawich, Associate Engineer Amy Amirani, Public Works Director San Juan Capistrano.- Neserving the Post to Enhance the Future MEMBERS OF THE CITY COUNCIL 7 DIANE L. BATHGATE JOHN S. GELFF l WYATT HART JOESOTO 32400 PASEO ADELANTO 19iQafaRaiiB � RAViR M. SWERRLiN SAN JUAN CAPISTRANO, CA 92675 0 l i��: (949) 493-1 171 sstaetrsatp 1776@ ( 949) 493-1053 (FAX) @ INTERIM CITY MANAGER 1V }� iV..S fTYI f 11 Li i1CQ�) l.S lYCI37 0. OF$ a PAM ELA GIBSON October 27, 2003 Lawson and Associates, Inc. 1020 Calle Cordillera, Ste 101 San Clemente, CA 92673 Attention: Tim Lawson Dear Mr. Lawson: A fully executed, original Personal Services Agreement related to providing provisional geotechnical evaluation and recommendations for future geotechnical investigations for the replacement of the Cook's Reservoir is enclosed. We have on file evidence of insurance as required by the agreement and appreciate your efforts in keeping this current. Please be aware that should this documentation become out-of-date, all work under this agreement must stop and all payments for services rendered will be withheld, until we have received current documentation. You may proceed with work under this agreement in coordination with the Project Manager, Joe Mankawich, Associate Engineer (949) 487-4313. Yours truly, 4z MegKek an, CMC City enclosed: Agreement CC' Joe Mankawich, Associate Engineer Amy Amirani, Public Works Director San Juan Capistrano.- Neserving the Post to Enhance the Future